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BREAKING: SC to hear review petitions on same-sex marriage legalisation decision on July 10

The Supreme Court is set to hear petitions requesting a review of its previous decision declining to legalise same-sex marriage in India on July 10.

SC to hear review petitions on same-sex marriage legalisation decision on July 10 snt
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First Published Jul 5, 2024, 2:56 PM IST

The Supreme Court is set to hear petitions requesting a review of its previous decision declining to legalise same-sex marriage in India on July 10. The five-judge bench, comprising Chief Justice DY Chandrachud and Justices Sanjiv Khanna, Hima Kohli, BV Nagarathna, and PS Narasimha, will assess the arguments presented in the review petitions.

This hearing marks a significant moment in the ongoing legal discourse surrounding LGBTQ+ rights in the country, reflecting evolving societal attitudes and legal interpretations on the matter.

In October last year, a five-judge bench of the Supreme Court of India delivered a unanimous verdict, declining to legalize same-sex marriage in the country, thereby upholding the existing laws that do not recognize such unions.

The Supreme Court bench, led by Chief Justice DY Chandrachud, delivered a mixed verdict on the rights of non-heterosexual couples. While the bench unanimously rejected legalizing same-sex marriage, it was divided on the issue of civil unions. Two judges supported the right of queer couples to enter into civil unions, but the majority of three judges disagreed. Additionally, the majority of judges ruled that queer couples do not have the right to adopt, upholding the existing CARA regulations that exclude queer and unmarried couples from adopting children.

Chief Justice DY Chandrachud acknowledged that the concept of marriage has evolved significantly over time, but maintained that the right to marriage is not a fundamental right under the Indian Constitution. He opined that the legalization of same-sex marriage is a matter for the Parliament to decide.

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